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Know your rights: The Karnataka Apartment Ownership Act, 1972

If you are looking to buy an apartment in Bengaluru or any other part of Karnataka, the state’s apartment ownership act is an important piece of legislation that you need to look into. Before making a strategic investment in real estate, you must learn about the laws governing it so that you can make an informed decision without any hesitation.

Here’s what you should know about the Karnataka Apartment Ownership Act, 1972.

Key features:

Definition

An Act to provide for the ownership of an individual apartment in a building and to make such apartment heritable and transferable property and for matters connected therewith.

“Property” means the land, the building, all improvements and structures thereon, all owned in freehold or held on lease or as occupant under any law relating to land revenue and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith, which have been, or are intended to be submitted to the provisions of this Act.

Status of apartments

Each apartment, together with its undivided interest in the common areas and facilities appurtenant to such apartment, shall for all purposes constitute heritable and transferable immovable property within the meaning of any law for the time being in force in the State.

Ownership of apartments

  1. Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment.
  2. Each apartment owner shall execute a Declaration that he submits his apartment to the provisions of this Act and a Deed of Apartment in relation to his apartment in the manner prescribed for the purpose.

Common areas and facilities

Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the Declaration.

Compliance with covenants, bye-laws and administrative provisions

Each apartment owner shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended form time to time, and with the covenants, conditions and restrictions set forth in the Declaration or in the Deed to his Apartment.

Encumbrances against apartments; removal from, encumbrances, effect of part payment

Subsequent to recording the Declaration as provided in this Act, and while the property remains subject to this Act, no encumbrance of any nature shall thereafter arise or be effective against the property.

Common profits and expenses.– The common profits of the property shall be distributed among and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities.

Disposition of property; destruction or damage

If within sixty days of the date of damage or destruction to all or part of the property, it is not determined by the Association of Apartment Owners to repair, reconstruct or rebuild, then and in that event-

a)        the property shall be deemed to be owned in common by the apartment owners

b)        the undivided interest in the property owned in common which shall appertain to each apartment owner shall be the percentage of the undivided interest previously owned by such owner in the common areas and facilities

To read more, follow the link.

http://media.indiaproperty.com/creative/ip_home/internal/Karnataka.pdf

Anupriya Dharma is a writer with journalistic experience of over 4 years in print, social and new media. She was a content specialist for corporates and instrumental in various digital media establishments.

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15 comments

  1. It’s really a cool and useful piece of information. I am glad that you shared this helpful information with us. Please keep us informed like this. Thanks for sharing.

  2. Sir I would like to know when an apartment is constructed does the builder has the right to lock the terrace and take charges for different functions and he says that he is not going to form a society what does the law says about it please answer sir

    • Hi,

      We have forwarded your query to our legal team. It will be answered shortly.

      Team IndiaProperty

    • What is the agreement saying in respect of development. If it is Super
      Build up Area related allocation, every tenant has the right on the
      easement, walls, terrace etc. It is legal. It comes as a very basic right.
      Society can be formed by all the tenants of the apartment. You can fix the
      rules as acceptable to all.

      Team IndiaProperty

  3. SIR. PLEASE LET ME KNOW WHAT IS VOTING RIGHT OF A OWNER OF APARTMENT WHO IS HAVING 50 FLATS IN A TOTAL APARTMENT OF 100. DOES HE HAVE 50 VOTES OR ONE VOTE AS PER THE ACT. HOW CAN HE PROTECT HIS RIGHT AND INTSREST OVER THE PROPERTY.

    • Hi,

      We have forwarded your query to our legal team. It will be answered shortly.

      Team IndiaProperty

    • This is as per the Bye Laws of the Apartment. There should be one society
      which is taking care of the rules and regulations as framed by the office
      bearers/committee. Though over all they come in Apartments Act, every
      society is independent and can fix the internal guidelines. So, please share
      the bye laws for us to go through the applicability.

      Team IndiaProperty

  4. SIR. PLS TELL ME IF APARTMENT OWNERS ASSN. IS FORMED INFRINGING THE RIGHTS OF THE LAND LORD BY FORMING THEIR OWN BYE LAWS IN AN UNDEMOCRATIC MANNER MEANS THOUGH THE LAND LORDS SHARE IS 40 FLATS IN A TOTAL 100 FLATS THE BYE LAW CURTAILS THEM WITH ONLY ONE VOTE. WHAT JUSTIFICATION IS THERE. PARTICULARLY SO FOR REVENUE PURPOSE THEY WANT ALL 40% SHARE BUT IN TERMS OF VOTING WHY SHOULD IT B CURTAILED. SECONDLY PLS LET ME KNOW WHETHER LAND LORDS WHO OWN 40% SHARE OF APPT CAN FORM THEIR OWN ASSN PARTICULARLY SO WHEN THE ASSN. FORMED IS BY SELFIFISH AND ILL MANNERED PEOPLE UNDEMOCRATICLLY STIFLING THE VOICE OF LAND LORD FOR GENUINE RECTIFICATION OF BYE LAWS WHICH GLSRINGLY DISCRIMINATE THE LAND LORD. CAN THERE B TWO ASSNS IN AN APPTMENT CONDOMONIUM

  5. IN SOME ASSNS. OFFICE BEARERS MISUSE ASSN FUNDS AND HOODWINK THE PEOPLE. THEY SELFISHLY USE ASSN MONEY HOW TO CHECH THEM UNDER THE SAID ACT. WHAT CHECKS AND BALANCES R THERE IN THE ACT. SECONDLY CAN D ASSNS. USE THE COMMON AREAS MEANT FOR MEMBERS FOR COMMERCIAL ACTIVITIES. IF THE ASSNS. USES FUNDS IN REAL ESTATE ACTIVITY HOW TO CHECK SUCH SELFISH FELLOWS

    • Hi,

      These are governed by internal bye laws. The society is to maintain the premises and the campus clean and take care of common requirements. It is not an office of profit. Even if the majority ownership is not there, as a combined dwelling unit majority, you can amend the bye laws in line with the requirement. You can also audit the activities of the society and correct the process and accounts.

      Team IndiaProperty

  6. Jayanthi Jayaraman

    Sir/Madam,
    Can any temporary structure be raised by the association without the consent of the apartment owners in the common area? As per the understanding of the act, it says such structures can be raised only with the consent of all owners, please clarify my understanding.
    Many thanks
    Jayanthi

    • Jayanthi Jayaraman

      Please could you clarify my questions on temporary structure being raised in common open area without consent of owners.
      Thanks
      Jayanthi

      • Hi Jayanthi,

        Our legal team is working on your query. We will post their reply as soon as possible. Thanks.

        Team IndiaProperty

      • Hi,

        Local laws govern it. It would not be a part of the approved building plan or construction lay out. Temporary structures can be anything from plastic roofing to asbestos to shaminana. It is temporary, it cannot be permanent in nature. So, if it is only for couple of days, others can consent to it orally – but if it is for a long time, it is prima facie not allowed even if there is consensus among all the dwelling unit owners.

        Team IndiaProperty

  7. Unregistered association with bi-laws running as community living has any right to take legal action of the defaulters? If not,which is the effecient way to register as per society act1960 or KOFA or KAOA(1972).in Bangalore

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